STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Cross River State High Court delivered on 28th day of July, 2016 by O. A. Ogar, J. of the Calabar Division of the Court. The Respondent in this appeal was the Plaintiff while the Appellant was the Defendant at the Court below.
The facts are that sometime in the year 1994, the Respondent sent the typescript of his proposed Novel titled They Died for You to the Appellant for publishing. The Appellant misplaced it and informed the Respondent of that fact making a request that the Respondent should send another copy. The Respondent refused to send another copy but took out a writ of summons of the Court below. In the writ of summons as amended, the Respondent claimed the following reliefs:
1. The sum of N17, 000,000.00 (Seventeen Million Naira) only annually as damages for the proceeds that would have accrued to the Claimant for the publication of his book titled They died for You."